Quote:Original post by Rycross You can't be held to a contract you didn't sign.
Yes you can. A verbal agreement is both valid and legally binding. The OP has lived in the apartment and paid rent and as such a clear contract exists. Of course the landlord would need to convince the court that the OP did indeed agree to the particular terms the landlord is claiming. Failing that the court would most likely decide that industry standard terms should apply and rule accordingly.
Personally I doubt that industry standard terms (which are in turn usually defined by applicable law) would allow someone to charge rent for a period of time, while denying use of the property for that time. The landlord would indeed have appeared to terminate the lease and may well be in breach of the contract for doing so.
As others have said - talk to a lawyer.
Looks like you need to go back to law school, slick. Verbal contracts are legally binding, but... wait for it... unenforceable. Tah-dah!
It looks like i'm going to have to pay. Assuming there is no lease, as mentioned before it then resorts to the state tenant law. Which says that since i didnt give 20 days written notice, i have to pay.
Also, because she didnt technically evict, or kick me out, it was merely a heated discussion which resulting in me happily abiding to her request that i leave, i can't say that she "kicked me out," since she didnt force me to.
I should take some revenge on her though. While living there the basement flooded (my entire living area). There was no damage to my belongings but i was displaced for a month. The air was unbreathable. She never had the problem professionaly dealt with or inspected afterwords. Only installed an air freshener. I asked her to split the cost of a professional inspection with me, i was sneezing up blood and feeling very poorly in the mornings, tasting what was surely mold in my mouth. I couldn't even crack the windows because there were no screens. But i put up with it, leaving the door open for hours after work.
Anyways, i'm sure i can somehow report it as an unsafe living condition and at least require that she have it inspected before she can rent it out again (it's the least she could do.) Also, my entrance was directly below her back deck, which also was used as her dogs' waste receptical, apply gravity, and it was a mess. That too should be reported, IMO. I really dont think it's ever going to be a nice or healthy place to live, i dont want anyone to end up there.
Unfortunately, with her attitude and her mother being a lawyer, she'd probably sue me for damages caused by my reports. :(
Quote:Original post by Pete Michaud Looks like you need to go back to law school, slick. Verbal contracts are legally binding, but... wait for it... unenforceable. Tah-dah!
Uh, no. Verbal agreements are perfectly enforceable. The plaintiff has the burden of proof. If the court is convinced that there is enough indirect evidence to support the claim, then the agreement is enforceable. Having paid the rent for x years is a rather strong evidence that an agreement was reached.
Quote:Original post by Pete Michaud Looks like you need to go back to law school, slick. Verbal contracts are legally binding, but... wait for it... unenforceable. Tah-dah!
LOL dufus. They may be harder to prove, requiring you to go to court and argue your case and present any supporting evidence you may have but they are certainly enforceable. Courts all over the world are enforcing verbal contracts all the time.
Quote:Original post by bzroom It looks like i'm going to have to pay. Assuming there is no lease, as mentioned before it then resorts to the state tenant law. Which says that since i didnt give 20 days written notice, i have to pay.
Also, because she didnt technically evict, or kick me out, it was merely a heated discussion which resulting in me happily abiding to her request that i leave, i can't say that she "kicked me out," since she didnt force me to.
I should take some revenge on her though. While living there the basement flooded (my entire living area). There was no damage to my belongings but i was displaced for a month. The air was unbreathable. She never had the problem professionaly dealt with or inspected afterwords. Only installed an air freshener. I asked her to split the cost of a professional inspection with me, i was sneezing up blood and feeling very poorly in the mornings, tasting what was surely mold in my mouth. I couldn't even crack the windows because there were no screens. But i put up with it, leaving the door open for hours after work.
Anyways, i'm sure i can somehow report it as an unsafe living condition and at least require that she have it inspected before she can rent it out again (it's the least she could do.) Also, my entrance was directly below her back deck, which also was used as her dogs' waste receptical, apply gravity, and it was a mess. That too should be reported, IMO. I really dont think it's ever going to be a nice or healthy place to live, i dont want anyone to end up there.
Unfortunately, with her attitude and her mother being a lawyer, she'd probably sue me for damages caused by my reports. :(
She requested you leave, you left. Tell her she can take it to court and let the judge decide how he feels about a landlord telling a tenant to get out, and the tenant politely following their direction without complaining about the lack of warning?
Old Username: Talroth
If your signature on a web forum takes up more space than your average post, then you are doing things wrong.
I paid her, $750 down the drain, but at least she's off my back now and hopefully she can sleep better tonight. Also, she's either got a bun in the oven or she insanely exploded in like two weeks. So if it's the former then at least, i feel good buying the kid at least a couple packs of diapers.
To make it totally worth while, after paying her the rent, i drove two streets over and picked this up. It's got to be a $300 dollar grill, works perfectly.
